(1.) Present MCC has been filed by the applicant for restoration of the W.P. No.4876/2017, which was dismissed for want of prosecution on 20.08.2019.
(2.) It is alleged by the learned counsel for the applicant that as he comes from Datia to argue the matter but due to some technical fault in his mobile, he could not get message regarding listing of this matter and therefore, he was unable to come on that date. It is further submitted that due to mistake of the counsel, litigant should not be made to suffer.
(3.) He has relied upon the judgment passed by the Hon'ble Supreme Court in the case of M.K. Prasad v. P. Armugam, reported in, (2001) 6 SCC 176 and has argued that it is a settled law that for fault of counsel, a party should not be made to suffer.